U.S. Citizenship Acquisition
Guidelines for Children Born Abroad to a U.S. Citizen Parent
Children Born in Wedlock
Two U.S. Citizen Parents
A child will obtain citizenship if:
- At least one parent resides in the United States or its territories before the child’s birth.
- At least one parent has a genetic or gestational connection to the child.
- Both parents in the marriage show a parental relationship to the child. Examples of this relationship include: medical, tax, educational, or other documents that show the individual has acted in a parental role.
If this requirement is not met, the child may be able to obtain citizenship as a child born out of wedlock.
One U.S. Citizen Parent
Requirements for a child born in wedlock to a U.S. citizen parent and a parent who is not a U.S. citizen vary by birth year:
Born on or after November 14, 1986
- The U.S. citizen parent was physically present in the United States or its territories for five years before the child’s birth. [cite: 11]
- At least two of these years must be after age 14.
Born between December 24, 1952 and November 13, 1986
- The U.S. citizen parent was physically present in the United States or its territories for 10 years before the child’s birth.
- At least five of these years must be after age 14.
Additional Shared Requirements
- At least one parent has a genetic or gestational connection to the child.
- Both parents in the marriage show a parental relationship with the child. Examples of this relationship include: medical, tax, educational, or other documents that show the individual has acted in a parental role.
If this requirement is not met, the child may be able to obtain citizenship as a child born out of wedlock.
Children Born Out of Wedlock
Two U.S. Citizen Parents
A child born on or after November 14, 1986 will obtain citizenship if:
- The U.S. citizen father has a blood relationship with the child established by evidence.
- The father was a U.S. citizen at the time of the child’s birth.
- The father agreed in writing (unless deceased) to provide financial support for the child until the age of 18.
- While the child is under age 18, they are legitimated (examples: parents’ marriage certificate dated after birth, or certified court order), the father acknowledges paternity of the child in writing under oath, or a competent court established the paternity of the child.
- At least one parent resided in United States or its territories before the child’s birth.
If a U.S. citizen father does not follow these requirements, the child can obtain citizenship if the U.S. citizen mother was physically present in the United States or its territories for a continuous period of one year before the child’s birth. This requirement is not affected by the Sessions v. Morales-Santana ruling in 2017, so it does not matter if the child was born before or after June 11, 2017.
U.S. Citizen Mother
Citizenship rules for children born out of wedlock to a U.S. citizen mother depend on the child’s date of birth:
Born between December 24, 1952 and June 11, 2017
- The mother was a U.S. citizen at the time of the child’s birth.
- The mother was physically present in the United States or its territories for a continuous period of one year before the child’s birth.
Born on or after June 12, 2017
- The mother was a U.S. citizen at the time of the child’s birth.
- The mother was physically present in the United States or its territories for a period of five years.
- At least two of these years must be after age 14.
8 USC §1431: Automatic Acquisition of Citizenship
Children born outside the United States and lawfully admitted for permanent residence automatically acquire citizenship under certain conditions.
General Conditions
A child automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
- At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
- The child is under the age of eighteen years.
- The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
Adoption
- These conditions also apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 1101(b)(1).
Military and Federal Government Personnel
The residency requirement is deemed satisfied for a child lawfully admitted for permanent residence if the child is residing in the legal and physical custody of a citizen parent who is:
- Stationed and residing abroad as an employee of the Government of the United States.
- Residing abroad in marital union with an employee of the Government of the United States who is stationed abroad.
- Stationed and residing abroad as a member of the Armed Forces of the United States.
- Authorized to accompany and reside abroad with a member of the Armed Forces pursuant to official orders, and is accompanying and residing abroad with the member in marital union.